IN THE CIRCUIT COURT OF THE ________ JUDICIAL CIRCUIT, IN AND FOR __________ COUNTY, FLORIDA ________________________________ Plaintiff, v. ________________________________. Defendant, CASE NO.:______________ COMPLAINT The Plaintiff, _________________ [name], by and through the undersigned counsel, sues the Defendant, _________________ [name]. GENERAL ALLEGATIONS 1. The amount in controversy exceeds $15,000 and jurisdiction is proper before this Court. 2. All acts relevant to this case occurred in or pertained to real property in ___________ County, Florida. 3. Plaintiff ____________________________________ 4. Defendant _____________________________________ 5. At all times material to this cause of action, the Plaintiff was a person of good name, character, reputation, and regard in the eyes of her friends and acquaintances. 6. For the past _________________ [ number] years, the Defendant has been the publisher of _________________ [name of media publication], which has a circulation of _________________ [number] in _________________ [specify circulation area and environs, e.g., the Daytona-Orlando-Tampa and Central Florida area]. The Defendants, as styled above, had been the publisher, editor, and a staff writer, respectively, for _________________ [name of media publication] for a number of years. 7. On or about _________________ [date], the Defendants' news publication willfully, intentionally, wrongfully, maliciously, and wantonly, and without regard whatsoever for the obvious consequences that would befall the Plaintiff, published a news article that stated, in pertinent part, _________________ [quote allegedly wrongful language verbatim]. A copy of the news article as a whole is attached hereto as Exhibit A and made a part hereof by reference. The Plaintiff Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=356d7a27-2e20-4975-bcb2-55239f879f31SEE Florida Torts, 24.02 Page 2 of 4 also asserts that this statement, and the article as a whole, were published without the Plaintiff's knowledge, authority, or consent, and in complete and utter disregard of its obviously harmful effects on the Plaintiff. 8. The ''victim'' referred to in the above statement, language, and publication, was and is the Plaintiff here. Moreover, the words as published, with their normal meaning, with all reasonable interpretation denoted and connoted thereto, and with the innuendo drawn thereby, were and are false, malicious, defamatory, and libelous. Not only were these words published without regard for the consequent scorn, ridicule, contempt, and disrespect that they would bring to the Plaintiff in the eyes of the public, as well as the Plaintiff's friends, neighbors, and family, but they were published in absolute disregard of Florida Law, which specifies that: No person shall print, publish, or broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter [§ 794.03, Fla. Stat. ]. 9. The above publication caused the Plaintiff to be inundated with numerous telephone calls by various and sundry persons seeking to alternately console, chastise, proposition, or berate her, and for which she has suffered severe mental pain and anguish, as further detailed below. 10. The publication was an absolutely unwarranted invasion of the Plaintiff's privacy and right to be free from unwarranted publicity, and to be protected from a wrongful and unlawful intrusion into her life, which, altogether, has outraged her and caused her severe mental suffering, shame, and humiliation. 11. At least five days prior to the filing of this lawsuit, notice of this action, to be filed against the Defendants collectively, was served on each of the Defendants, pursuant to Florida Statutes Section 770.01. Copies of these notices are attached hereto as Exhibits B, C, and D, and incorporated herein by reference. 12. This defamatory and unwarranted publication has caused serious and permanent mental and physical injury to the Plaintiff, as well as an exaggeration of a preexisting physical and mental illness, all of which have occasioned and will occasion medical expenses, and all of which have caused the Plaintiff to be ridiculed and regarded with contempt by her friends and acquaintances. This defamatory and unwarranted publication has also outraged, shamed, and humiliated the Plaintiff, prevented her from carrying on her job, prevented her from receiving present and future earnings, and caused her loss of sleep and severe mental anguish. WHEREFORE, the Plaintiff demands judgment against the Defendant for general damages; for punitive damages; for the following special damages: _________________ [itemize such items as expenses for medical supplies, physicians' fees, and the like]; for the costs of suit as incurred in this action; and for any other and further relief as this Honorable Court may deem appropriate. Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=356d7a27-2e20-4975-bcb2-55239f879f31SEE Florida Torts, 24.02 Page 3 of 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice has been furnished by U.S. Mail/e-mail and/or fax this ____ day of ___________, 2009 to all parties listed on the attached service list. Respectfully submitted, _____________________________ ________________, Esq. Law Office of ______________, P.A. Florida Bar No. ____________ Address Ph: Fax: Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=356d7a27-2e20-4975-bcb2-55239f879f31SEE Florida Torts, 24.02 Page 4 of 4 SERVICE LIST Document hosted at http://www.jdsupra.com/post/documentViewer.aspx?fid=356d7a27-2e20-4975-bcb2-55239f879f31

Latest Posts

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

"My best business intelligence, in one easy email…"

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Privacy Policy (Updated: October 8, 2015):

hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.